Fourth Amendment Warrants definition

Fourth Amendment Warrants shall have the meaning set forth in Section 5(u) of the Fourth Amendment.
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Examples of Fourth Amendment Warrants in a sentence

  • The sum of the 2.0% discount specified above and the fair market value of the associated Fourth Amendment Warrants will be treated as original issue discount on the Fourth Amendment Loans for U.S. federal income tax purposes and will reduce the issue price of such Fourth Amendment Loans.

  • In executing this Agreement, the Series DF-1 Certificate of Designation, the Fourth Amendment Warrants and the Fourth Amendment First Out Waterfall Notes, no Loan Party is relying on any representations or warranties, either written or oral, express or implied, made to any Loan Party by any other party hereto or any Secured Party.

  • The sum of the discount specified in the foregoing clause (B) and the fair market value of the Fourth Amendment Warrants will be treated as original issue discount on the Fourth Amendment Loan for U.S. federal income tax purposes and will reduce the issue price of the Fourth Amendment Loan.

  • Any Fourth Amendment Warrants Subsequent Shelf Registration Statement shall be a Fourth Amendment Warrants Shelf Registration Statement.

  • The sum of the discount specified in the foregoing clause (B) and the fair market value of the Fourth Amendment Warrants will be treated as original issue discount on the Term Loan for U.S. federal income tax purposes and will reduce the issue price of the Term Loan.

  • The Company and the Furmxx Xxxx Xxxities further agree to use their best efforts to reach agreement with respect to the allocation of the purchase price for the Fourth Amendment Convertible Notes and Subsequent Fourth Amendment Warrants issued upon each Fourth Amendment Advance made hereunder.

  • If permitted under the Securities Act, such Fourth Amendment Warrants Shelf Registration Statement shall be an “automatic shelf registration statement” as defined in Rule 405 under the Securities Act.

  • The parties to this Agreement agree that irreparable damage would occur and that the parties to this Agreement would not have any adequate remedy at law in the event that any of the provisions of this Agreement, the Amended Facility Agreement, the Fourth Amendment First Out Waterfall Notes, the Fourth Amendment Warrants or any other Loan Document (including as amended hereby, as applicable) were not performed in accordance with their specific terms or were otherwise breached.

  • The Company and the Furmxx Xxxx Xxxities agree to use their best efforts to reach agreement with respect to the allocation of the purchase price for the Initial Fourth Amendment Warrants to be issued on the date hereof.

  • No remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy, and nothing herein shall limit any Lender’s right to pursue actual damages for any failure by the Borrower to comply with the terms of this Agreement, the Amended Facility Agreement, the Fourth Amendment First Out Waterfall Notes, the Fourth Amendment Warrants and the other Loan Documents (including as amended hereby, as applicable).

Related to Fourth Amendment Warrants

  • Fifth Amendment means the Fifth Amendment to Fifth Amended and Restated Credit Agreement dated as of August 25, 2016, among the Borrower, the Lenders party thereto, the Administrative Agent and the other Persons party thereto.

  • Fourth Amendment Date means April 30, 2021.

  • Second Amendment Date means February 26, 2019.

  • Second Amendment Agreement means that certain Second Amendment Agreement dated as of October 4, 2011, among Xxxxx 0, xxx Xxxxxxxx, Xxxxxxx Xxxxx Capital Corporation, as administrative agent and collateral agent, and the Tranche B II Term Lenders party thereto, providing for, among other things, the amendment and restatement of the 2009 Credit Agreement.

  • Third Amendment Date means June 23, 2020.

  • Fourth Amendment means that certain Fourth Amendment to Credit Agreement, dated as of August 17, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders and other Credit Parties party thereto.

  • Fourth Amendment Closing Date the date on which all the conditions precedent set forth in Section 3 of the Fourth Amendment shall be satisfied or waived.

  • Eighth Amendment means the Eighth Amendment to Second Amended and Restated First Lien Credit Agreement dated as of May 23, 2014 among the Borrower, EPL, the Lenders, the Administrative Agent and the other Persons party thereto.

  • Seventh Amendment means the Waiver and Seventh Amendment to Sixth Amended and Restated Credit Agreement dated as of the Seventh Amendment Effective Date among the Borrower, the Administrative Agent and the Lenders.

  • Sixth Amendment means the Sixth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of November 5, 2021, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Tenth Amendment means that certain Tenth Amendment to Credit Agreement, dated as of November 15, 2019, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent and the Lenders party thereto.

  • First Amendment means that certain First Amendment to Credit Agreement, dated as of February 27, 2017, among the Loan Parties, the Administrative Agent and the Lenders party thereto.

  • Second Amendment means that certain Second Amendment to Second Amended and Restated Credit Agreement dated as of May 1, 2020, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Third Amendment means that certain Third Amendment to Amended and Restated Credit Agreement dated as of the Third Amendment Effective Date, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Ninth Amendment means the Ninth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of February 11, 2022, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Second Amendment Closing Date has the meaning assigned to such term in the Second Amendment.

  • Eleventh Amendment means that certain Eleventh Amendment to Credit Agreement, dated as of April 29, 2022, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent, the Lenders party thereto, the Revolving Letter of Credit Issuers and the various other parties party thereto.

  • First Amendment Date means February 21, 2019.

  • Third Amendment Closing Date has the meaning assigned to such term in the Third Amendment.

  • First Amendment Closing Date has the meaning assigned to such term in the First Amendment.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Existing Warrants means any warrants to purchase Common Stock outstanding on the date of this Agreement.

  • Price amendment means the amendment to a registration statement filed under the Securities Act of 1933 or, if an amendment is not filed, the prospectus or prospectus supplement filed under the Securities Act of 1933 that includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price.

  • Fifth Amendment Effective Date shall have the meaning provided in the Fifth Amendment.

  • Fourth Amendment Effective Date has the meaning assigned to such term in the Fourth Amendment.

  • Eleventh Amendment Effective Date has the meaning set forth in Section 4 of the Eleventh Amendment.